EEG Clearing Agency Advises on Grandfathering Clause for Solar Feed-in Tariffs

Clearingstelle EEG (EEG Clearing Agency) has completed an advice procedure regarding a grandfathering clause for solar feed-in tariffs that was included in the last amendment of the Renewable Energy Sources Act (EEG).

The latest amendment of the Renewable Energy Sources Act (EEG) cut solar feed-in tariffs for the most part with effect from 1 April 2012, but provided for certain grandfathering clauses. One such clause is contained in Section 66 para. 18 sent. 2 EEG. According to said provision the EEG as applicable until 31 March 2012 still applies to solar power plants in, attached to or on top of a building or a noise protection wall that “were commissioned after 31 March 2012 and before 1 July 2012 in accordance with Section 3 no. 5 EEG, if an application for grid connection was made in a verifiable way in writing or electronically before 24 February 2012, containing the exact location and the capacity of the plant”.

Since there was uncertainty among the parties concerned how to interpret Section 66 para. 18 sent. 2 EEG, EEG Clearing Agency, which serves interested parties with regard to the interpretation and disputes relating to the EEG, initiated an advice procedure. In a detailed decision it now provides guidance on what is necessary to comply with Section 66 para. 18 sent. 2 EEG.

Decisions made by EEG Clearing Agency in an advise procedure are, as the name suggests, not binding. However, they provide good guidance, as the staff consists of qualified lawyers and engineers.

Source: Clearingstelle EEG

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